Jammu court denies bail to man accused of attempting to rape his elderly mother

A Jammu court has dismissed the bail application of a man accused of allegedly assaulting and attempting to rape his elderly widowed mother.

Judge Amarjeet Singh Langeh observed that there was prima facie evidence of the man's involvement in offences including attempt to rape, sexual harassment and outraging the modesty of a woman.

It noted that he allegedly flashed her, threatened to urinate on her face, tore her clothes and also made an attempt to rape her while threatening her with dire consequences.

The incident was partly captured in a video clip recorded by the victim's grand-daughter and the niece of the accused.

The video showed him unzipping his pants and exposing his genitals and flashing the victim, the Court said.

“There thus is prima facie evidence show-casing involvement of petitioner in commission of offences, inter alia, of attempt to rape, sexual harassment and outraging modesty of woman which are grave and non-bailable in nature,” the fast track court observed.

According to the prosecution, the accused, a businessman, allegedly entered his elderly mother’s residence on July 28 and assaulted her with a broken wooden piece of door, tore her clothes while proclaiming that he had dreamt of having sex with her and would now turn that dream into reality. 

The accused alleged that he was falsely implicated in the case due to a family dispute concerning ancestral property. He submitted that the complainant was his sister who has a matrimonial discord with her husband and wants their mother (victim) to give her the entire share of ancestral property.

However, considering the prima facie evidence against him, the Court took strong exception to the conduct of the accused.

"The depraved conduct of petitioner, not only strikes at the core of human dignity, filial trust but is also violation of the sacred maternal bond and sexual humiliation of his elderly widowed mother of vulnerable age. No matter how hostile and acrimonious the relationship is between siblings and mother, modest of red-lines are not expected to be breached in egregiously deplorable manner. Nothing more needs to be said at this stage," the Bench said.

The Court also observed that on account of the relationship between the accused, the victim and other material witnesses, his release could pose a direct physical and psychological threat to them at this stage.

It also noted that an earlier bail application filed by the accused had been dismissed by the Sub-Judge (Judicial Magistrate First Class), Jammu, on August 14. The Court found that the subsequent bail application was filed without any substantial change in circumstances.

"For all what is said hereinabove, this application has no merit at this juncture and same is therefore dismissed," the Court said.

Senior Advocate Sunil Sethi and advocate Navyug Sethi appeared for the accused. 

Additional Public Prosecutor Ajay Dogra represented the Union Territory of Jammu and Kashmir.

Advocate Manpreet Singh Saini appeared on behalf of the complainant.